The Shiv Sena, the Nationalist Congress Party (NCP) and the Congress yesterday filed a petition in the Supreme Court seeking quashing of Maharasthra Governor B S Koshyari’s decision inviting Bharatiya Janata Party leader Devendra Fadnavis to form a government earlier in the day.
The court will hear the petition at 11.30am today, sources said.
The petition also sought a floor test within 24 hours to avoid further horse-trading and “illegal manoeuvres” in Maharashtra.
Terming Koshyari’s decision a ‘brazen action’, the petition sought the court’s direction to the governor to invite the alliance of Maha Vikas Aghadi comprising the Shiv Sena, the Congress and the NCP “which has the support of more than 144 MLAs to form the government under the leadership of Uddhav Thackeray”.
The Sena insisted that the governor has installed a minority BJP government which is illegal, unconstitutional and in violation of the well-settled law laid down by the top court. It said its political alliance constitutes a clear majority in the assembly. “It is submitted that such manoeuvring, at the behest of the BJP through the governor, to suit their political agenda actually amounts to a death knell to democracy which is a basic feature of our constitution,” said the petition.
The petition was filed after dramatic developments in which Fadnavis returned as chief minister, propped up by the NCP’s Ajit Pawar, who was made his deputy, just hours after the new Sena-NCP-Congress alliance reached a consensus that Thackeray will be their chief ministerial candidate.
Fadnavis and Ajit Pawar were sworn in by Koshyari at 8am at a hush-hush ceremony in the Maharashtra capital.
Opposition parties have accused Koshyari of acting illegally, with the Congress spokesman Randeep Surjewala claiming the governor once again proved to be BJP chief Amit Shah’s “hitman”.
Ajit Pawar’s volte face created fissures in the NCP, whose chief Sharad Pawar distanced himself from his nephew’s action and said the decision to back Fadnavis for his second consecutive term was his personal choice and not that of the party.
Maharashtra was previously ruled by the BJP and its right-wing regional ally Shiv Sena.
But they failed to agree another power-sharing deal despite results showing the coalition had won a comfortable majority for a second consecutive term.
Shiv Sena quit the partnership, hoping to convince their ideological rivals, the Congress, and the NCP to form a government instead.
In the end though the BJP pulled off a major upset by joining hands with Ajit Pawar to form a coalition.
“This bolsters the BJP and Prime Minister Narendra Modi’s image in the state and the country,” political commentator Nilanjan Mukhopadhyay said.
“While there were some questions being raised about their loss of dominance following election results, this verdict will cement Modi and BJP’s control in the state”, he added.
The coalition still needs to prove its majority in the assembly in a week’s time in order to stay in power.
India has been battling an economic slowdown, and the imposition of presidential rule was a setback for Modi and for Mumbai, which is home to business tycoons, the stock market and the glitzy Bollywood film industry.
Under the constitution, New Delhi can take direct control of a state in the absence of a local government and after obtaining consent from the president.
Mahrashtra Governor Bhagat Singh Koshyari administering oath of office to Nationalist Congress Party (NCP) leader Ajit Pawar (right) as deputy chief minister as Chief Minister Devendra Fadnavis looks on in Mumbai yesterday.
